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FINDLAY REFRACTORIES ET AL. v. W. C. A. B. ET AL.

No. 2548 C.D. 1978.

52 Pa.Commw. 454 (1980)

Findlay Refractories et al., Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Glen E. Renz, Respondents.

Commonwealth Court of Pennsylvania.

June 30, 1980.

Attorney(s) appearing for the Case

Raymond F. Keisling, Will & Keisling, for petitioners.

Robert H. Austine, with him Lawrence W. Dague, M. Scott Curran, Lawrence R. Zewe and Glen E. Renz, for respondents.

Argued May 11, 1979, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three. Reargued June 3, 1980, before President Judge CRUMLISH and Judges MENCER, ROGERS, BLATT, CRAIG, MacPHAIL and WILLIAMS, JR. Judge WILKINSON, JR. did not participate.

OPINION BY JUDGE CRAIG, June 30, 1980:

This appeal, from a decision of the Workmen's Compensation Appeal Board (board) affirming a referee's award of total permanent disability compensation, raises issues of timeliness of claim and notice. After initial argument before a panel of this court, we ordered reargument before the court en banc.

Claimant, after fourteen years of work in the refractories industry, grinding tank blocks composed of varying percentages...

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